Terms of service

Updated: January 4, 2019

Part I - Definitions

The “Agreement” or “Terms” refers, collectively, to all the Terms, conditions, notices contained or referenced in this document (the “Terms of Service”) and all other operating rules, policies (including the Community.lawyer Privacy Policy) and procedures that we may publish from time to time on the Website.

The “Service” refers to the applications, software, products, and Services provided by Community.lawyer.

The “Website” refers to Community.lawyer’s website located at community.lawyer, and all Content, Services, and products provided by Community.lawyer at or through the Website. It also refers to Community.lawyer-owned subdomains of Community.lawyer.com (such as app.community.lawyer).

“The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 18 years of age.

“Content” refers to Content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.

An "Account" represents a type of legal relationship the User can have with Community.lawyer.

A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Community.lawyer.

“App Platform” refers to a type of Service we provide that enables Users to create, edit, duplicate, deploy, share, and perform other actions in relation to web applications (e.g., apps to assemble documents or conduct client intake) using Community.lawyer’s app builder technology.

“Communities” are shared spaces that are part of our App Platform Services and that may be associated with a single entity or with one or more Users where multiple Users can share, view, and duplicate User-Generated Content. A User Account can be a member of any number of Communities.

“Developer Mode” refers to types of Services we provide that enables Users to directly create, operate, and otherwise utilize their own instance of the open-source Docassemble software. To learn more about Docassemble, visit https://docassemble.org/.

“Portals” are certain kinds of subdomains (such as those used to run lawyer referral Services of find-a-lawyer directories) that are created under the Terms of a separate Software License Agreement (“SLA”) with Community.lawyer.

Part II - General Terms

Before using our Service or Website, Community.lawyer requires you to read and agree to the following Terms. These Terms govern your use of and access to the Website and Services provided by Community.lawyer.

You should review these Terms periodically as we may update them at our sole discretion and without notice:

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ARE BOUND BY THESE TERMS OF SERVICE. THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, WAIVER OF CLASS­-ACTION RIGHTS, AND LIABILITY LIMITATIONS.

YOU MAY NOT ACCESS OR USE THIS Service IF: (I) YOU CHOOSE NOT TO AGREE TO THE TermS, (II) YOU ARE UNDER 18 YEARS OF AGE, (III) YOU DO NOT HAVE THE FULL POWER AND AUTHORITY TO ENTER INTO AND FOLLOW THESE TERMS, OR (IV) YOUR AGREEMENT TO AND FOLLOWING OF THESE TERMS DOES OR WILL BREACH OR CONFLICT WITH ANY OTHER AGREEMENT OR ARRANGEMENT YOU HAVE WITH SOMEONE ELSE OR OTHERWISE VIOLATES THE LAW.

A. Services Community.lawyer Does Not Provide

Community.lawyer does not provide any of the following:

Attorney Endorsements, Recommendations, or Referrals:

While we provides Services that Users may use to operate their own referral Services, Community.lawyer does not operate a referral Service and does not endorse or recommend any Users (e.g., attorneys or legal organizations).

Any reviews, ratings, or other descriptions of or opinions regarding Users published on Community.lawyer do not guarantee or predict future results and should be relied on solely at your own risk.

Legal Advice, Legal Opinions, Legal Services, or Legal Representation

Community.lawyer is not a law firm and is not engaged in the practice of law. Users are not employees or agents of Community.lawyer.

Services that Create An Attorney-Client Relationship

Your use of our Service, including but not limited to requesting a consultation or referral from other Users, does not create attorney-client relationships with Community.lawyer or other Users. When Users initiate contact with another User via Community.lawyer and that results in an attorney-client relationship being formed at any time, including but not limited to during a consultation facilitated by our Services, Community.lawyer has no involvement in that relationship nor in any agreements arising out of the relationship. Community.lawyer does not accept any portion of an attorney’s fees, and we are not liable or responsible for any professional Services provided by or acts or omissions of Users.

Community.lawyer reserves the right to collect, store, and use Content and data for the purposes described in our Privacy Policy. We take commercially reasonable measures to keep Content and data secure and prevent it from becoming disclosed to individuals who are entitled to it but cannot guarantee that third parties, other Users, or particular jurisdictions will treat such data and Content as confidential or protected by privilege when generated, conveyed, stored, or otherwise made available via our Services. Except as provided in non-conflicting rules and policies of portal administrators or elsewhere in these Terms, Users (e.g., who operate or participate in Portals) have no duty to keep information confidential or to forego representation adverse to the interests of Users who may request Services via our Services.

Guarantees of the Identity of Users

Community.lawyer does not warrant or represent the accuracy of User identities or claims made by Users. We encourage you to research and, where appropriate, request further proof of any identities or claims made by other Users, particularly when entering into an attorney-client relationship. Where Users provide identity-related information that is untrue, inaccurate, not current, or incomplete, or if Community.lawyer suspects that such information is untrue, inaccurate, not current, or incomplete, Community.lawyer may (but is under no obligation to) suspend or Terminate said Users’ accounts and refuse current or future use of Community.lawyer.

B. Prohibited Use

Community.lawyer reserves the right to monitor our Services for the purpose of determining that use of the Service complies with these Terms. YOU AGREE THAT YOU WILL NOT, DIRECTLY OR INDIRECTLY:

Use the Service, including but not limited to transmitting Content, in a manner that violates these Terms or any applicable law, rules of professional conduct, or regulation, or for any unintended purpose;

Use the Service, including but not limited to transmitting Content, in a manner that abuses, threatens, defames, libels, incites hatred or violence toward, victimizes, intimidates, or otherwise harasses any person or group of persons;

Use the Service, including but not limited to transmitting Content, in a manner that discriminates on the basis of race, color, ethnicity, national origin, ancestry, religion, gender identity or expression, sexual orientation, age, military or veteran status, marital status, or disability;

Use the Service, including but not limited to transmitting Content, in a manner that is pornographic or obscene;

Except as expressly permitted by these Terms, copy, reproduce, modify, distribute, display, create derivative works of, or transmit any Content on the website or part of the Service;

Use the Service or any of our marks commercially, for benchmarking, or to compile Content for a competitive product or Service, or;

Reverse engineer, decompile, tamper with, or disassemble the technology used to provide the Service (except as and only to the extent any foregoing restriction is prohibited by a non­waivable provision of applicable law or to the extent as may be permitted by the licensing Terms governing use of any open­-source components), or otherwise attempt to obtain source code;

Interfere with or damage the Service or our servers, including but not limited to through the use of viruses, malware, harmful code, denial of service attacks, forged information, or similar methods or technology, or through any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;

Reproduce, duplicate, copy, sell, resell, compile, or exploit any portion of the Service, use of the Service, or access to the Service without Community.lawyer's express written permission;

Scrape Community.lawyer for spamming purposes (including for the purposes of selling Community.lawyer users' personal information, such as to recruiters, headhunters, and job boards), in a manner that violates these Terms or the rights of others, or in a manner disallowed by the robots.txt page (https://community.lawyer/robots.txt) of our Website;

Impersonate or misrepresent your identity or affiliation with a person, entity or organization, or use a false identity;

Attempt to obtain unauthorized access to the Service or any materials or information not intentionally made available through the Service;

Violate, misappropriate, or infringe a third party’s intellectual property or other right through the Service; or

Interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service (e.g., by attempting to disrupt or tamper with Community.lawyer's servers in ways that could harm our Website or Service, to place undue burden on Community.lawyer's servers through automated means, or to access Community.lawyer's Service in ways that exceed your authorization).

Community.lawyer prohibits the conduct and Content described above and, without obligation, may take measures to prevent or eliminate such conduct and Content on Community.lawyer (e.g. pre-screening, monitoring, and/or removing offending Content/conduct). Users agree that they may be exposed to such conduct and Content and that they bear all risks associated with such exposure. Community.lawyer is not responsible for any Content, information, or materials posted by Users, including but not limited to any reliance on the accuracy, completeness, or usefulness of such materials, information, or Content.

License to Community.lawyer Policies

D. User Generated Content

Responsibility for User-Generated Content

Community.lawyer may include Services that allow you to generate Content. You are solely responsible for the Content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

Community.lawyer May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Community.lawyer Terms or policies.

Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Community.lawyer Users — certain legal permissions listed in other Sections of these Terms (e.g., Section D.4). These license grants apply to Your Content. If you upload Content that already comes with a license granting Community.lawyer the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted to Community.lawyer. The licenses you grant to us will end when you remove Your Content from our servers, unless you granted a license to duplicate your Content (see Section D.4).

License Grant to Us

You grant us and our legal successors the nonexclusive, worldwide, and royalty-free right to use, copy, reproduce, display, modify, adapt, distribute, and perform your Content in order to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other Users; parse it into a search index or otherwise analyze it on our servers; share it with other Users; and perform it, in case Your Content is something like an app, music, or video.

The license you grant to us also extends to third-party vendors, Services, and hosting partners we may rely on to provide the necessary hardware, software, networking, storage, monitoring, and other technology reasonably related to rendering the Website and providing the Service. This license does not grant Community.lawyer the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

Community.lawyer encourages Users to file counter-notifications when they believe a DMCA takedown demand is improper. For information on how to respond to improper demands, consult the Chilling Effects (https://www.chillingeffects.org/) website.

We will terminate the Accounts of repeat infringers of this policy.

E. Payments

Community.lawyer may offer Users paid Services. To use these Services, Users must provide Community.lawyer with a valid credit card for payment. User will be charged in advance during the applicable payment period (e.g., each month or each year for subscriptions).

Cancellation

Users can cancel a subscription at any time by using their account to delete the paid subscription. For security reasons, cancellations cannot be accepted by any other means. No charges will be assessed for cancellation of a subscription. Subscribers who cancel a subscription prior to the end of the current billing cycle will not be charged for that subscription in the following cycle or any cycles thereafter.

Upgrades & Downgrades

The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.

Price Changes

All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the User's email.

Suspension or Termination of Services, Accounts, or Subscriptions

As provided elsewhere in these Terms, Community.lawyer has the right to suspend or discontinue providing Services to any User for actions that are in violation of this Agreement. We may (but are under no obligation to) provide prior notice of suspension or termination of paid Services if we believe the violation doesn’t create a security risk or other exigent circumstances.

Payment Processing

Community.lawyer may process payment using Stripe, AffiniPay, or any like payment processor that Community.lawyer, in its sole discretion, chooses to use. By using the payment processing Services, Users agree to the applicable services agreement of our payment processor. Community.lawyer makes no warranties or representations in regards to services provided by payment processors.

Refund Policy

All charges are final unless otherwise provided in these Terms (e.g., see Part III Section (A)(5)). Users are not entitled to refunds or credits for partial periods of Service but may request such refunds or credits by emailing hello@community.lawyer. Community.lawyer takes user satisfaction seriously and may (but is under no obligation to) provide the requested refund or credit in its sole discretion.

A. App Platform Terms

In accordance with Part II Section D (related to User-Generated Content) of these Terms, you retain ownership of Your Content, including Content incorporated into apps you generate using our Service. Under the conditions described in this Section, you grant certain legal permissions to Community.lawyer and other Users when you perform certain acts in relation to such apps and Content.

Apps in Test Mode

Users may create or use an app in test mode. By doing so, you grant no license or permissions to the app and its Content beyond those licenses or permissions otherwise described in these Terms.

Apps Activated Privately or in Private Community

Users with paid Accounts may choose to activate an app privately or in a private Community. By doing so, you grant no license or permissions to the the app and its Content beyond those licenses or permissions otherwise described in these Terms.

You may, in your sole discretion, choose to share links or access to the app and its Content with other Users or with the public (e.g., you may share an app for use by others within your law firm, share it with clients, or publicly on your own personal or business website or service). Doing so does not implicate or otherwise trigger the licenses granted under Section A(3).

Free Hosting of Apps Activated in Public Community with Certain Permissions

Community.lawyer provides free hosting for apps that Users activate in a public Community with “run and copy” or “copy only” permissions. Users who choose to activate an app with “run and copy” or “copy only” permissions in a public Community grant each User of Community.lawyer a nonexclusive, worldwide, and royalty-free license to reproduce your Content solely on Community.lawyer (e.g., through duplicating the app and modifying the duplicate version of the app).

Granting Additional Permissions to Apps Activated in Public Communities

You may grant further rights to the apps you activate in public Communities (e.g., the right of Users to download your app’s YAML code and install/modify it on a third-party service or website) by including in your app page’s description the following sentence: “This app is licensed under the MIT License by [full name of copyright holder] as of [year of copyright].” Users who include that sentence (with the name of the copyright holder and year of copyright inserted) incorporate by reference the license below:

MIT License

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.”

If you choose to incorporate the license above, you must do so without making any modifications to the license. Unless provided for in this Section or elsewhere in these Terms, no other licenses or grants or restrictions of rights are permitted in relation to apps you activate in a public Community.

Satisfaction Guarantee

Community.lawyer provides a 30-day money-back guarantee to Users who have a paid subscription to our Service for building apps. The Terms of the guarantee are as follows:

The guarantee can only be used by a User or the legal entity on whose behalf the User is using the Account (e.g., a business, nonprofit, or government agency) one time in any 5 year period.

Requests for a refund must be submitted by email to hello@community.lawyer within 30 days of the commencement of the subscription. In the email, the User must include a description of why they are not satisfied with the Service.

Valid requests that are submitted by eligible Users in a timely manner will be honored within 30 days of the receipt of the request.

B. Portal Platform Terms

Community.lawyer may act as an integration medium between a Portal Administrator and a third-party payment processing Service in order to facilitate payment from Legal Service Providers or other kinds of Users to Portal Administrators. By using the third-party payment processing services (e.g., PayPal, Stripe, AffiniPay, Authorize.Net), Users agree to the applicable services agreement of the payment processor. Community.lawyer makes no warranties or representations in regards to services provided by payment processors. The payment processor may charge a payment processing fee in its sole discretion. Portal Administrators are solely responsible for refunds and chargebacks.

C. Developer Mode - Docassemble Hosting Service

Developer Mode Docassemble Hosting Service Specifications

Developer Mode Docassemble Hosting Service Specifications

The current functional specifications for this Service are as follows: We provide a Service for deploying and maintaining a Docker container running Docassemble on an Amazon Web Services ECS cluster. The Service also provides Users with a Docassemble instance with its own S3 bucket, with up to 10 GiB of storage. Containers share an EC2 m4.large instance as a host, with up to 2 GiB of memory accessible per container. The Service configures SSL web traffic encryption for the User’s Docassemble instance using Amazon ACM.

If Users exceed 10 GiB of storage but do not exceed 50 GiB storage, they will be notified by email and have 48 hours to reduce their storage under 10 GiB, after which time Community.lawyer reserves the right to limit access to or shut down User’s container and permanently delete User’s data. If Users exceed 50 GiB of storage, Community.lawyer reserves the right to limit access to or shut down User’s container and permanently delete User’s data without notice.

Limited Right to Use Content/Data Stored Via Hosting Service

Users of the Docassemble hosting Service grant Community.lawyer a non-exclusive, royalty-free right during the User’s use of the Service and the “grace period” (defined below), to use any Content or data transmitted, stored, or otherwise made available via the User’s Docassemble instance for the sole purpose of performing Community.lawyer’s obligations to provide and maintain the hosting Service (e.g. Community.lawyer has the right to store such Content via a third-party cloud-storage provider like Amazon Web Services).

In the event a User of the hosting Service fails to make payment for the continuation of such Service, Community.lawyer may (but is under no obligation to) continue to store some or all of the User’s hosted Content or data for a grace period. Community.lawyer provides the aforementioned grace period purely as a courtesy to our Users and will permanently delete all hosted User data and Content upon request of the account holder initiated by email to hello@community.lawyer (additional verification steps will be required) or upon continued nonpayment beyond the grace period, whichever comes first.

Service Level Commitments Related to Hosting Service

In General. Commencing on the date the Docassemble Hosting Service(s) to the User begins (the “Subscription Term”), Community.lawyer will provide Service Level Commitments (“SLC”) Credits as defined herein.

Definitions

“Downtime” means any period, greater than ten minutes, within the Scheduled Available Time during which the User is unable to access or use the Service because of an Error, excluding any such period that occurs during any Scheduled Downtime.

"Error(s)"" means the material failure of the Service to conform to its published functional specifications.

“Scheduled Available Time” means 24 hours a day, 7 days a week.

“Scheduled Downtime” means the time period identified by Community.lawyer in which it intends to perform any planned upgrades and/or maintenance on the platform or hosting Service(s) or related systems and any overrun beyond the planned completion time.

“Uptime Percentage” means the total number of minutes of Scheduled Available Time for a calendar month minus the number of minutes of Downtime suffered in such calendar month, divided by the total number of minutes of Scheduled Available Time in such calendar month. Uptime Percentage will be calculated by Community.lawyer solely using records and tools available to Community.lawyer.

Scope of Service Level Commitments. Community.lawyer’s obligations do not extend to Errors or other issues caused by:

any modification of the Service(s) made by any person other than Community.lawyer;

any third party hardware or software used by subscriber;

the improper operation of the Service by subscriber;

the accidental or deliberate damage to, or intrusion or interference with the Service;

the use of the Service other than in accordance with this agreement or the reasonable instructions of Community.lawyer; or

Services, circumstances or events beyond the reasonable control of Community.lawyer, including, without limitation, any force majeure events, the performance and/or availability of local ISPs employed by subscriber, the performance and/or availability of any third-party cloud hosting Service used by Community.lawyer (e.g. Amazon Web Services), or any network beyond the demarcation or control of Community.lawyer.

Scheduled Downtime and Guaranteed Uptime. Community.lawyer will use commercially reasonable efforts to provide at least 24 hours’ prior notice before undertaking any Scheduled Downtime. Commencing on the effective date of the applicable subscription Term, in the event the Service experiences an Uptime Percentage of less than 99.9% in any calendar month, Community.lawyer will provide to User a credit (“SLC Credit”) equal to the credit percentage identified in the table SLC Credits table below multiplied by the User’s fees paid to Community.lawyer for the Service that are attributable to such month (calculated on a straight line pro-rated basis with respect to any fees paid in advance). User will submit a SLC Credit request to Community.lawyer by email to hello@community.lawyer with the subject line "SLC Credit Request" within 30 days of such downtime. The SLC Credit is User’s sole and exclusive remedy for any failure by Community.lawyer to meet any performance obligations pertaining to the hosting Service(s).

Community.lawyer reserves the right to temporarily suspend User’s access to the hosting Service as set out elsewhere in this agreement. Any such suspensions based on repairs, technical problems, outages or maintenance Services will be subject to the Service Level Commitments.

SLC Credits Table. If the Uptime Percentage is equal to or greater than 98% but less than 99.9%, the Credit Percentage shall be 5%. If the Uptime Percentage is less than 98%, the Credit Percentage shall be 20%.

Availability of SLC Credits. Community.lawyer will issue SLC Credits, as determined in its sole discretion, on future billing cycles. In order to receive any SLC Credit, User must notify Community.lawyer within 30 days from the time User becomes eligible to receive a SLC Credit. Failure to comply with this requirement will forfeit User’s right to receive a SLC Credit. In no event will the total amount of SLC Credits if any, exceed the fees paid by the User for the corresponding billing period.

D. Developer Mode Answers Service

Answers Service

The Developer Mode Answers Service provides a Service to store, view, and download responses from completed Docassemble interviews transmitted via API (e.g., responses to interviews hosted on third-party Docassemble servers or via the Developer Mode hosting Service). Note this Service is not related to the Service that enables Users to store responses to apps generated and hosted using Community.lawyer’s app builder.

Limited Right to Use Content/Date Stored Via Answers Service

Users of the Answers Service grant Community.lawyer a non-exclusive, royalty-free right during the User’s use of the Service and the “grace period” (defined below), to use any Content or data transmitted, stored, or otherwise made available to Community.lawyer for the sole purpose of performing Community.lawyer’s obligations to provide, maintain, and update the Answers Service (e.g. storing such Content via a third-party cloud-storage provider like Amazon Web Services or troubleshooting technical issues).

In the event a User of the Answers Service exceeds 1,000 responses in a single month and, after notice from Community.lawyer, fails to reduce their responses below that threshold or fails to enter into an enterprise subscription, Community.lawyer may (but is under no obligation to) continue to store some or all of the User’s hosted answers for a grace period. Community.lawyer provides the aforementioned grace period purely as a courtesy to our Users and will permanently delete all hosted answer data and Content upon request of the account holder initiated by email to hello@community.lawyer (additional verification steps will be required) or upon continued nonpayment of the enterprise subscription or non-reduction of answers to below the 1,000-response threshold beyond the grace period, whichever comes first.

Part IV - Disclaimers

While we try to keep Community.lawyer safe, secure, and well functioning, using our Service exposes Users to some risks. Community.lawyer is not responsible for any harm Users may experience. Furthermore:

THE SERVICE, AND ALL MATERIALS, CONTENT, AND PRODUCTS INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE, ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. COMMUNITY.LAWYER AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON­INFRINGEMENT, AND QUIET ENJOYMENT.

COMMUNITY.LAWYER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE WILL: (I) BE UNINTERRUPTED OR SECURE, (II) BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, OR OTHERWISE CURRENT OR COMPLETE, (III) MEET USER REQUIREMENTS, (IV) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE USERS USE OR THIRD PARTY WEBSITES OR APPLICATIONS, OR (V) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE.

Part V - Limitation of Damages

Community.lawyer’s liability for any damages you or a third party may incur is limited as follows:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMUNITY.LAWYER, ITS MEMBERS, AFFILIATES, DIRECTORS, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR ATTORNEYS’ FEES), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF COMMUNITY.LAWYER OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF COMMUNITY.LAWYER IN CONNECTION WITH THE WEBSITE AND SERVICE EXCEED $100 OR THE AMOUNTS YOU PAID TO COMMUNITY.LAWYER IN CONNECTION WITH THE PARTICULAR PRODUCT OR SERVICE AT ISSUE, WHICHEVER IS GREATER.

YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS OR COUNTRIES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR THEIR STATE OR NATION OF RESIDENCE.

Part VI - Indemnity

You agree to indemnify Community.lawyer for all costs in connection with claims.

You agree to defend, indemnify, and hold Community.lawyer its affiliates, and their respective employees, representatives, agents, attorneys, directors, officers, and members harmless from any damage, loss, cost, or expense (including but not limited to attorneys’ fees and costs) incurred in connection with any third party claim, demand, or action brought or asserted against any of the indemnified parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you; (ii) arising from or related to your use of the Service; or (iii) arising from or related to your User Content.

If you are required to provide indemnification, Community.lawyer may, in its sole and absolute discretion, control any claim at your sole cost and expense. You may not settle, compromise, or in any other manner dispose of any claim without Community.lawyer’s consent.

Part VII - Changes to the Service; Termination

Community.lawyer may terminate or modify the Service or your use of the website at any time unless termination procedures are otherwise provided in a Software License Agreement the User has separately entered into with Community.lawyer (in which case termination is governed by that agreement) or in another section of this Agreement. Community.lawyer may, in its sole and absolute discretion and without any liability, modify, suspend, or discontinue any aspect of the Service, temporarily or permanently, at any time. We may deny you access to all or part of the Service at any time for any reason or no reason at all. If we Terminate your use of the Service, you must cease all use of the Service immediately. These Terms will survive indefinitely unless and until Community.lawyer chooses to terminate them. Unless otherwise required by law, we will notify you when we make changes to these Terms.

Part VIII - Disputes

If you have any dispute with us, you agree that before taking any formal action, you will contact us at hello@community.lawyer, provide a brief, written description of the dispute, and your contact information and allow sixty days to pass, during which we will attempt to reach an amicable settlement of any issue. Disputes are further limited by the following:

These Terms, your use of the Service, and any other matter relating to Community.lawyer will be governed by the laws of the state of New York, without regard to conflict of laws principles.

These Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer­ Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) in New York, New York. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:

First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.

Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court in New York, New York if the claim and the parties are within the jurisdiction of the small claims court.

BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICE, OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

Part IX - Miscellaneous

Except as provided in any applicable Software License Agreement between Community.lawyer and the User, these Terms make up the entire agreement between the parties regarding Community.lawyer and supersedes any prior agreements.

Under no circumstances will Community.lawyer or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond Community.lawyer’s reasonable control.

The Service is controlled and offered by Community.lawyer from the United States of America. Community.lawyer makes no representation that the Service may be used in or complies with the laws of other locations. Use from other locations is at your own risk. You consent to processing in the United States of America of the data you provide.

If you provide us with your email address, you agree that we may send you emails related to the Service or your account. If you do not want to receive promotional emails related to the Service, you can opt­ out by following the instructions in our messages. You may not opt out of emails relating to the administration of any Service you request. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have a legal requirement to communicate with or give notice to us, you must use the address: Community.lawyer, P.B.C., 150 Court St, 2nd Floor, Brooklyn, NY 11201.

You may not transfer your rights or obligations under these Terms without the prior written consent of Community.lawyer. Community.lawyer may freely do so, in whole or in part. These Terms will be binding upon the successors and permitted assigns of you and Community.lawyer. These Terms do not create any third party beneficiary rights. These Terms will be interpreted as if equally drafted by Community.lawyer and you. A party’s failure or delay in exercising (in whole or in part) any right, power, or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future. If any provision of these Terms is declared invalid or unenforceable, then such provision will be deemed automatically amended to the minimum extent necessary to conform to the requirements for validity, and the remaining provisions of these Terms will remain in full force and effect.

You acknowledge that you have read, understood, and are bound by these Terms of Service, as well as by the Privacy Policy of Community.lawyer. If you have any questions about this agreement, please email us at hello@community.lawyer.

The State Bar of South Dakota’s Lawyer Referral Service does not provide legal services or legal representation and requesting a referral/consultation through this website does not create an attorney-client relationship. The SDLRS confirms that attorney participants are active members in good standing with the State Bar of South Dakota, but does not determine, evaluate or endorse attorney participants’ qualifications for any particular practice area.